to fill. "fox & friends" starts right no >> look at that. october 13th. of course, that means if you're in the u.s. navy, you know that this is the annual date they celebrate the invention of it today, 236 years ago, it was started. how cool is that? >> good idea, by the way, whoever came up with it. we needed a navy and i believe we got it. john adams said we have to find a way to protect our ships and we did. >> good history lesson this morning, guys. we have brand new details about a deadly shooting spree at a hair salon in california. police identifying the gunman as scott deckrye, you see him there being taken into police custody moments after he allegedly killed eight people at the

maritage salon in seal beach. one of the victims, his estranged wife. those who knew the couple said they were going through a bitter divorce. >> i knew she was in a custody, you know, an ugly divorce or custody battle, whatever you want to call it. really devastating to come home and see this. but, you know, it's your neighbor. >> authorities say he is the sole suspect at this time. i believe that's the worst mass shooting in california in that part of that, in orange county, horrible! while you were sleeping, two amtrak trains collided in oakland, california. 16 people were hurt when a train going about 20 miles per hour slammed into another one just as passengers were unloading. the injuries not serious. the cause of the crash is under investigation. the mayor of new york telling wall street protesters clear out now so we can clean up this mess. protesters have been camped out in the downtown park for more than three weeks now and tomorrow, they'll be evacuated so crews can scrub down the area.

how would you like that job? the company that owns the park says it's received hundreds of complaints about noise, drinking, drug use and unsanitary conditions and offensive orders. the protesters will be allowed back after the park is cleaned up. >> incredible. >> do you have a blackberry? is it working right now? while you were sleeping, the phone's manufacturer research in motion issued another apology after millions of users lost access to their e-mails yesterday. this is the company's worst outage yet plaguing office workers, government officials, emergency responders, all who rely on their blackberries to communicate. a spokesperson for research in motion blamed a broken piece of computer equipment at one of its data centers. we're told the equipment had been fixed, so many e-mails stacked up during the down time, it could be hours or days before things are back to normal. this isn't good news for that particular company especially when a new iphone is coming out. people are thinking i might be

changing. >> it will force americans to talk to each other. i'm worried about that. >> why start now? >> i'm all for that, personal communication but it's a little tough because we've become so reliant for these things for work. >> i mailed you three letters yesterday. >> one letter and two apologies. >> for being late. >> let's talk a little bit about a new "wall street journal" poll that's out this morning and they've got a new frontrunner. his name is herman cain. there he is, the 27%. mitt romney is at 23%. that's the same place he was last month. rick perry, what happened to him? he has lost 20 since august and here we are by the way, talking about republican primary voters. >> ok, but in a separate poll, mitt romney is the leader in the new reuters polls. herman cain at 19%. ron paul, 13%. rick perry down 10% in that poll. >> and head to head on the same poll with the reuters poll,

president obama has a two point lead over romney and 11 over cain if they were to go head to head at this point. take that for what it's worth. it will be interesting to see if governor perry can bounce back once he announces his economic plan on friday. so soon? and so it's going to come out, we'll see what he can do. >> good thing is he's going to be on our show to announce those plans. so that will be tomorrow if you want to stay tuned for that. >> and why is herman cain doing so well? according to "the wall street journa journal", if you read the small print, people see him as a real person and they like the fact he's not a politician. this is the same thing they said about donald trump a couple of months ago. that's why herman cain is riding high right now. there is some pretty bad news for the president of the united states in "the wall street journal" poll and that is that when asked is the country headed in the right direction? 17% said yep, right direction. how many people said we're on the -- we're off roading it right now, on the wrong track?

74%. 51%, a majority of americans say that the president does not deserve term two. >> it's going to be interesting. final word about herman cain, even those who aren't voting for him 52% view him positively as a person and 4% view him negatively. >> straight shooter. >> interesting thing is if you remember back months ago, he was always tops on the list with that positivity sort of a poll where, i guess, positivity means do you like the person? he has always been at the top of that poll. maybe now it's being reflected in some of his policies as well. >> just one note, we should make clear, all those calls were taken before the debate. >> yeah. >> interesting. ok. other big story, of course, was that iran terror plot that was busted up by authorities, luckily. one guy is now currently in jail but the other guy is still at large. so does it deserve a military response? remember, the big question now is how does the united states react to the fact that iran was potentially planning death and

destruction on u.s. soil? well, here is what the president's spokesperson jay carney believes should happen. >> in this arena, we take no options off the table but in dealing with iran, we are clearly focused on working through economic measures, sanctions, as well as diplomatic measures to isolate iran and we've had, we think, substantial success doing that. >> as you unwind, the plot seems clumsy and amateur hour. the quds operation, the branch is among the most elite terror groups around which officially is part of their army. so people wonder, how could a car salesman with an iranian citizenship talk to a woman, a customer one day, get to meet her and get a connection to a drug cartel in mexico which happens to be an informant to the d.e.a. and they're able for five months to watch this plot unfold and to do something as clumsy as to mail -- and as

detectable to wire $100,000 when you know exactly where it's coming from, how it's done and where it's going. >> what's your point? >> the point is there's lots of questions that need to be answered here. >> in fact, "the washington post" this morning talks about just that, brian. apparently yesterday, administration officials were talking to journalists, members of congress, the international community as well saying, you know, this does have a cartoonish quality to it. but we want you to know that we are pretty sure that it does reach into the highest levels of the iranian government even though, you know, because they're going to whack this guy in a mexican restaurant that doesn't exist in washington, d.c., even though it has this cartoonish quality to it that would invite suspicions and conspiracy theories as well, if we retaliate. they go what are you doing? that wasn't really bad. >> the number one thing goes back to what i originally said. how does the u.s. respond to this? is it more sanctions? is it diplomacy which jay carney

espoused yesterday. is it military action? there's a wide range of how we can deal with it. john mccain had this to say about it. >> to telegraph our punches would be a mistake but once the american people are aware of the extent of iranian activity, then i think the american people would be system active of examining a lot of options. >> don't take anything off the table. it's too early. >> keep in mind, saudi arabia is in there with us. there's credibility in the middle east for those who looked at the saudis as somebody as a credible source, the other thing to keep in mind, we seem to be going back to susan rice and back to the united nations. when are we going to learn nothing gets done there? china and russia will never come along. i don't know where we're going to get the leverage now that we didn't have a month ago when the whole world was here. >> apparently all those sanctions have really done not a lot. if ahmadinejad is behind all of this, all of the sanctions have meant nothing over the last five to 10 years. john mccain will be joining us coming up next hour so we can hear from him immediately what

he thinks should happen with iran. >> ok. the latest document dump by wikileaks has indicated that apparently in september of 2009, the u.s. ambassador to japan, a fellow by the name of john ruiz, he sent a cable to hillary clinton saying the country of japan didn't think it would be a idea for the president of the united states to visit hiroshima and they worried, apologize for us bombing them. >> we'll apologize for dropping a bomb? >> that's right. >> in world war ii? >> that's right. yeah. apparently the united states is not waiting for japan to apologize for us for bombing us at pearl harbor or the death march, we would have apologized to japan. we're so sorry. about the same time as the whole apology tour, we are so sorry that we bombed you back during wwii. >> that's important for the context is that this wicksy leaks was happening during the time when the president had

given that speech in prague in april of 2009 where many people thought he was starting this apology tour for the united states. and remember, that's -- in that speech, he called for nuclear weapons to basically go bye-bye across the world. so i guess the thought process being that he would go visit hiroshima to basically say hey, we're sorry that this happened in an effort to support the speech that he had given just recently across the world. >> guess who nixed it? japan. i don't think it's a good idea. they like the nuclear umbrella that keeps north korea from bombing them. they don't think a nuclear free u.s. is in japan's best interest and an apology would do anything positive. >> here's the ultimate news, though. a spokesperson for the white house said yesterday, i know we don't comment on wikileaks dumps but "there was never any plan for the president to apologize." so there you go. they were never going to do it

even though the documents looked like they were going to do it. >> i hope he's right. >> coming up on our show, all the kids love it. one haunted house being forced to shut its doors because of a permit. we'll show you it. >> you keep hearing from liberal billionaires like warren buffet that want to pay more taxes. our next guest has a solution, a tax me more checkoff box on everybody's tax form including warren buffet! looking good! you lost some weight.

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>> tax me more. billionaire investor warren buffet just revealed how much money he made last year. he made more than $62 billion. he's the inspiration behind president obama's proposal to raise taxes on the wealthiest americans. buffet claims that it's the patriotic duty of the rich to pay more in taxes. well, here's an idea. how about a checkoff box on income tax forms for people to voluntarily pay more? that idea is being proposed by louisiana congressman who joins us from the d.c. bureau. good morning to you, sir. >> good morning. good to be with you. >> you make a good point. why change the rules for everybody if one guy wants to pay more, let that guy check it off on his income tax? >> that's exactly right. you know, what this says is if you feel like you're not sending enough money to washington, put

your money where your mouth is and send in more but don't go change the tax rules to hurt all of our small business owners and families out there who are struggling during tough times. >> ok. what is the reaction to your buffet rule been? >> it's been really positive. you know, people like the idea because it's a very different approach than the president's. the president wants to go out and raise taxes more. send more money to washington when the problem in washington is that washington spends too much money. you don't solve that problem by sending washington more money to spend. >> sure. didn't we hear from the president himself, congressman? he said, you know, the last thing you want to do during a recession is raise taxes on people. >> yeah and the president said that just last year. he said if you raise taxes, you're going to hurt the economy and here comes the president with another proposal to raise even more taxes and hurt the economy and impede our ability to create jobs. so what i'm saying is, look, let's create the environment to create jobs, let's make sure that we've got a fair tax code. you don't do that by soaking people even more and sending more money to washington where they're going to use it to spend. this says let's pay down the

debt. if folks like warren buffet want to send more money in, let them have that option voluntarily, don't go changing tax code to raise taxes on everybody else. >> so congressman, we just showed a graphic a minute ago that had a little check-off box, if you would like to go ahead and donate some more money to presumably the general fund, that, you know, we depicted it right there to make it, you know, mock it up -- >> correct. >> how would it work, though? >> it would be a checkoff box on the tax form and it would allow you to fill in the amount if warren buffet wanted to send in a billion dollars but specifically, the amount that would be spent in would be used to pay down the national debt, not to grow the size of the federal government. a different approach than the government. we want to pay down the debt, we don't want to grow government. it's already too big up here. >> right, realistically, though, we just hard a couple of minutes ago, a joke from jay leno talking about how many people would actually do it. they'd probably raise $75 next year or something like that. how many people do you think would actually check off? yeah, i'm not paying enough.

i need to pay more. >> this exposes the hypocrisy. if there are people running around saying they're not sending in enough money to washington, let them put their money where their mouth is. if they got too much money in their pockets and they feel like they need to send more to washington, it gives them that option but does it on a voluntary basis. it doesn't change the entire tax code in a way that hurts our ability to create jobs. >> let me say on behalf of a lot of taxpayers, congressman, i think we pay you guys enough. forget with your pay, we send enough money to washington the way it is. >> absolutely. we need to be reducing the size of government and creating jobs and not hurting our job creators. >> thank you very much for joining us live today. >> thanks. great to be with you. >> all right. what do you think about that? good idea? do you think warren buffet would take him up on that? e-mail us, friends at foxnews.com. meanwhile, still ahead, fast & furious is the latest controversy for attorney general eric holder. is he just incompetent? some people wonder. and what effect will this have on the president? and his re-election?

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>> got some thursday headlines for you right now. one of qaddafi's sons has been captured. libyan rebels say they caught him outside of his dad's hometown of serte. he was libya's national security advisor during his father's rule. that was a while ago. sad news from that helicopter

crash on the east river here in new york city. a second person has died. helen tamaki has been in critical condition since the chopper went down nearly two weeks ago. she was the partner of the first victim. all right. mr. kilmeade? >> all right, attorney general eric holder is on the hot seat big time. a house subcommittee sending subpoenas to holder and other top officials within the justice department demanding documents relating to operation fast & furious. that operation put guns in the hands of mexican drug dealers and our next guest says this is just the tip of the iceberg for the nation's top cop and that his actions throughout his tenure have hurt the president. joining us right now, the former chief speechwriter for president george w. bush, best selling author marc thiessen. welcome back. >> good to be with you. >> i read your column you and went through the major decisions and faux pas that eric holder has stumbled into. he pressured president obama to close gitmo a few days into his

administration. that place is still open. >> exactly. he did it in the second day in office without doing a basic review and the backlash was so huge that the outgoing democratic controlled senate voted to fund the closing of guantanamo. it's open again today. >> leon panetta almost blew a gasket when he heard about this, he opened criminal vech investigations into c.i.a. investigators and said these people did nothing wrong he and made the announcement anyway. >> not only did that, he did it without reading the memos that had been prepared by the career prosecutors in the justice department explaining why they were a dead end. if he read that memo, he would know that his special prosecutor would come to the same conclusion and not prosecute those people for any of these crimes. he had this whole controversy and drew obama into as a result. >> 2009, the underwear bomber who said i'm guilty.

within 50 minutes of his arrest, he's read his miranda rights. >> again, eric holder did this without consulting top intelligence officials to see whether they needed more time. this was an absolute disaster. he went out there and all the administration officials had to go out on television and say, well, miranda rights really aren't an impediment to effective interrogation only to have holder a few months later go out and say congress needs to change miranda law because it's an impediment to interrogation. >> it's almost as if winging it. it gets worse. he wanted to take the worst of the worst and bring them to new york city led by khali shaikh mohammed, an uproar from the mayor, the police chief and senator chuck schumer, they weren't happy about this! and it never happened. >> well, exactly, because i mean, again, eric holder didn't bother to ask new york city officials what they thought about the idea of trying khali shaikh mohammed in their city. lack of basic due diligence, the backlash against this was so massive that not only did the obama administration walk back on the trial of khali shaikh

mohammed, they restored military commissions as a result of this decision. again, another disaster. >> and it never happened and now it's back to where it originally belonged. in 2010, seems like yesterday, the arizona immigration law caused a lot of controversy. he decides i'm going to sue arizona and then it's revealed, he never even read the law. >> no, that's exactly right. he came out against the law, it's only 10 pages long, wasn't very hard to read. and he didn't even read the law. three vulnerable arizona democrats came out and begged the administration not to follow this lawsuit and two of them lost their seats. >> in 2011, just here, fast & furious becomes exposed and starts to untangle and he says to a committee, the investigative committee over in the house, i didn't know about this until two weeks prior. memos show he knew about it in 2010. the question is did he even read those memos judging by his track record? >> that's exactly right. i understand sometimes the

attorney general can't read every memo that comes across his desk. if it it was taken in isolation, that would be one thing. he didn't read the memos by career prosecutors and doesn't do basic due diligence. considering his record, it's not surprising he didn't read the memos if he didn't read them. >> basically, he and the president are very good friends but he's been a real detriment it seems to this administration. >> if you look at any needless, terrible controversy that's plagued the obama administration in the first couple of years in office, this hapless man is at the center of it. >> nice autopsy of the last three years, appreciate it. always good seeing you. >> thanks, brian. take care. >> next on the rundown, domestic violence and no longer a crime in one city because they can't afford to prosecute it. what the heck will happen to the victims? you got to hear those stories and theseed house, closing down. one town forcing a teen to board up his holiday display over a

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save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink >> if you missed our after the show show yesterday, you missed a lot if you miss it. you have to check it out, it's live obtainn the internet and yn go on our web site and click on the link and take a look. look what happened yesterday when paula deen and stoudamire, nba star both met on the couch. >> i feel like i can jump higher. >> you can suddenly dunk it. >> dunk. i can dunk! >> give her a clue on what she should be doing. >> well, you got them all right. it looks great, you know. >> yeah. >> looks like lifestyle shoe you have on right there. >> paula, back up a little bit. >> he'll give you a tip. >> in case at that restaurant of yours, you want to get -- >> ok.

i might have to switch careers. >> i have on a pair also, this is a different color wave. >> i like your color. >> is that right? >> matches -- >> you know what? look, mine matches perfect with my outfit. >> that's right. >> now, could she get those in her real size? >> yeah, depending on your size, they run a little bit big -- >> really? you know, i kind of noticed that. >> she's a size 16. >> they were a 16. like this on her. >> those shoes are actually named after him. >> you know, and very kind thing, he agreed because those shoes didn't actually fit, to send her a pair of shoes and she gave him a cookbook. >> yeah, it turns out he's from the south, too, he loves all of her kind of southern cooking. now, how did you fare when he actually went head to head with amare? that happened earlier in the show. >> we ran out of time. first i tried to intimidate him with the knick colors and the

goggles he normally wears. >> where you wearing a tourniquet? >> was that in? >> was that in? >> this is my revenge right here. i'm trailing right now. i check him. >> watch this shot. >> oh, my god! >> boom! >> that's -- >> i -- >> well, the thing is if he wants to resort to that type of fouls in order to knock the ball out of bounds, he can do that. why he got to take the ball in, i don't understand. >> he missed it! yeah that was actually on the show. so if you missed the show, you missed a lot if you missed the after the show show, you miss a lot. maybe you should leave it on this channel right here and put your computer right next to your television so you can watch the live show after the internet. >> i went out there and ended up winning after we went off the air and i said can i get a camera? evidently, they have other live shows. >> were you playing him or paula deen? >> paula deen was 77-77.

to him it was 89-87. >> you sound like the very latest reuters poll. >> that's true. by the way, he offered me a free set of shoes although they're 16 and i'm a 15 1/2. so i said listen, might as well keep them because -- >> grow them into them. get big socks. >> yeah. >> oh, my gosh. nothing you said in the last five minutes -- >> has made any sense? >> actually, it made a lot of sense. it just wasn't true. >> right. >> let's do some headlines. that's you kicking off the headlines. >> really? sorry. believe this, this is a sad story. search continues this morning for lisa irwin, the 10-month-old girl snatched from her crib more than a week ago. yesterday, police scoured a wooded area near the irwins' kansas city home but still no signs of the little girl. right now, police are reviewing the surveillance video that shows lisa's mom deborah bradley shopping at a supermarket just five hours before her daughter disappeared. the video shows bradley and a mystery man buying baby wipes, paper plates and a bottle of wine.

>> meanwhile, the terrorists who tried to blow up that jetliner on christmas day in 2009 as it came into detroit, remember, he had a bomb hidden in his underwear, he's headed to prison now for life. umar farouk abdulmutallab stunned courtroom in detroit pleading guilty on the second day of his trial. the 24-year-old nigerian said it was an act of jihad. he will be sentenced in january. so long. meanwhile, attorney general eric holder using the guilty plea to defend his desire to have terrorists tried in civilian courts rather than military tribunals, also helps when they plead guilty. holder released a statement saying contrary to what some have claimed, today's plea removes any doubt that our courts are one of the most effective tools we have to fight terrorism and keep the american people safe. >> if you represent yourself and admit your guilt. >> just say that. that helps a lot. they are calling his claims off target and say the ability of the court to try abdulmutallab was never in question and that

military interrogators could have gotten more information out of him. >> blowing a tire on a highway, bad enough. imagine a plane blowing a tire on the runway. that's exactly what happened in salt lake city. this is last night. delta flight from las vegas had reportedly just landed when the two front tires suddenly deflated. none of the 153 people on board were hurt. maintenance teams are examining the tires. it's believed the hot brakes may have caused them to overheat. brian? >> all right, houston, we have a problem. no, really. airport security might want a word with whitney houston. tmz landed this picture of her yesterday after she was nearly thrown off a delta airlines flight for refusing to buckle her seat belt. >> why? >> why make a stand that way? according to passengers, houston got feisty with the flight attendant but wouldn't take no for an answer and it's so appropriate to put a music video in there. >> that's why she didn't want to buckle her seat belt, she might get up and dance. >> you never know. in that gown. the flight attendant actually

had to buckle the belt for her, a source close to whitney told tmz she overreacted to missing an earlier flight and remains 100% sober. ok. a little defensive? >> just a little. >> we all have been talking about seat belts. we've all been talking about tightening our belts in our own families in the last couple of years with the recession. and so many people out of work. a lot of people would like the government to do the same thing. well, guess what's happening in one town, topeka, kansas, says look, we got to cut our budget by 10% so what did they decide they might have to get rid of? prosecuting domestic violence! so now victims will apparently be left in danger and potentially not -- the person who has done the violence against them, they just never be arrested. >> it actually started this way. the counting y of shawnee, wher topeka is located, they stopped filing domestic charges and hanlded it over to the city and the city said we don't have the

money either so the city repealed the ordinance on domestic battery and something like 23 people who had been jailed for domestic battery were released without being charged. but because you you can't -- you got to do something about that, yesterday afternoon, the d.a. said they would resume taking cases but budget cuts would affect how they enforce it. so it's something between the county and the city and then back to the county. here are both sides disagreeing over the ruling. >> i'm very disappointed. i think it's a very sad day for topeka but also very sad day for victims because it sends, i think, a very bad message. >> wanted to remove the ambiguity of who's really responsible here if you have it, well, then we can dump it on you and simply remove that. >> all right. so it's back in the lap of the district attorney. >> got to wonder with so many other towns trying to cut costs, i mean, is this the wave of the future of what we're going to

see where, you know -- >> harrisburg, pennsylvania, they went bankrupt this week. >> different services are going to be cut and this one seems like a pretty important one not to cut. >> all right. now let's talk about something that's really -- it's really disturbing and it's not going to scare you because it's coming to an end. i'm talking about chris stale, for seven years he transformed his parents backyard into an elaborate haunted house. life was good for the people of the city of fremont because by the thousands, they'd come by and be scared to death. but now, suddenly that's coming to a close because they have until the 26th to take that haunted house down! >> the problem is one of the neighbors complained. next thing you know, the city gets involved and says wait a minute, we know this is a local institution, it happens every year. we know that he's raised thousands of dollars for unicef, but it's a residential area and it is a safety hazard and there's no permit. so take it down or the family will be fined hundreds of

dollars each and every day. >> can they just get a permit and keep it up? >> nope. >> that's my question today. >> can they just apply for a permit and be able to keep it up? i don't understand why they have to take it down. >> they say that because it's a safety issue and he's constructed it out of a lot of wooden pallets, you can't do that at a house, so what he's trying to do is he's trying to move the whole works over to a local church because it has the proper zoning. >> right. >> and i think a haunted house in the back of a church is totally appropriate. that makes total sense. as if the cemetery isn't scary enough in many churches. >> all right, we'll keep you up to date on how that goes. meanwhile, coming up on our show, take a look at this video of a school bus attacked. now a 77-year-old going after a teenager using her teeth. >> another green loan under fire. why the government gave billions of dollars to another failing solar company. stuart varney here to explain. good morning, stu. [ male announcer ] cranberry juice? wake up!

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>> 45 minutes after the top of the hour. couple of quick headlines if you're just getting up. the military official report on the helicopter crash that killed 30 u.s. troops in afghanistan is out and says no mistakes by commanders were involved. the chopper went down purely at the hands of insurgents that launched a rocket propelled grenade and a 70-year-old bus monitor facing child abuse charges now after beating a 14-year-old student. it happened in lakeland, florida. surveillance video appears to show yvonne branch punching the teen and putting him in a head lock and biting him, then. branch has resigned. she says she was acting in self-defense. guys?

>> on an unrelated note, hulk hogan will be on the show a little bit later. the government's green jobs machine failing to create jobs again. it's this time, though, it happened in california where another whopping loan to a green energy company is under fire. >> apparently, the department of energy doled out $1.2 billion to sun power on the very last day the energy program was in existence but there is a back story to the government's loan. stuart varney joins us live. good morning to you, stuart. this is as twice as big an amount at least than solyndra and this one has political fingerprints all over it. >> yes, it does. sun power is losing money, deeply in debt, gets $1.2 billion worth of loan guarantees. by the way, three weeks prior to that, it had moved some of its production out of california and into mexico. why? don't ask now. so here you have your taxpayer money going to back up a company which sends jobs to mexico.

the chief lobbyist for sun power and the guy who had a lot to do with getting that loan to our city is george miller iv, the son of george miller, congressman, democrat, huge union supporter out of california. >> that's got to be a coincidence. >> maybe so. there's a political embarrassment on this one just like george kaiser's involvement with solyndra and the political embarrassment there. >> he was a fundraiser. >> the bottom line is the green jobs policy, the program is a bust. it's not creating jobs. it is not creating jobs cheaply. that's for sure. it's a political embarrassment and it's costing you, the taxpayer, a lot of money. >> the president has already addressed this. not solar power in particular but after solyndra, he said, look, you have to take bets on certain industries. some work and some don't. >> this is the idea of the government trying to pick winners. who is a better venture c capitalist, is it the taxpayer working through the bureaucracy. it should be the private sector

making these bets and not public money. i have one more, if i may, green jobs training program. it trained 80,000 people of whom 8,000 actually got a green job. >> 10%. >> of whom only 1,000 still have that job six months later. net cost and this is a firm number, $153,000 per job that lasted six months. maybe longer. >> it almost sounds like they trained -- because there are so few jobs, they had to train a whole bunch of people to make it looks like more people were involved. >> what do you think is a green job? for example, do you think that if you're a professor and you teach ecology, is that a green job? yes, it is! according to the government. if you're a bus driver and you switch from a gas powered bus to a hybrid bus. >> green job. >> that's a green job. if you're a lobbyist in washington, pushing for green jobs subsidy, that's a green job. >> that's a green job? >> you just created a green job. it's bogus. >> if you have the hand that works the kermit puppet, you have a green job. >> green job.

>> if i do a green job story on fox newschannel, that's a green job. >> all right. the jolly green correspondent, stuart varney, thank you very much. we'll be watching you at 9:20 eastern time on fox business. >> thanks, steve. >> thank you, sir. >> thank me later. more of your money wasted again $36 million spent on a brand new airline terminal. it can't even take passengers to their planes. wait until you hear more about that. >> the ultimate bridge to nowhere. plus it was meant to help the cause but think pink breast cancer campaign is apparently losing its focus. some survivors say it's becoming a huge moneymaker. medical a team member weighs in coming up on the other side of a quick time-out. [ male announcer ] the cold aisle can be overwhelming. [ coughs, sniffles ] especially when you're sick. now, with new simpler packaging,

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>> well, it began as a marketing tool to raise awareness and money for breast cancer research but some people, including cancer survivors now think the think pink campaign is more about making a profit than raising awareness. joining me now, fox news medical a team contributor dr. kumar and mount sinai reconstructive surgeon, good morning to both of you. >> good morning. >> it's interesting, when people see the pink ribbon now, they automatically, i think, know that means breast cancer. >> right. >> but doctor, are we oversaturated in our communities now so people see that and they think oh, i don't need to give because other people are. >> you know, i don't think so. i think it's not just about raising money, it's about raising awareness and i see patients all the time who don't get the care they need.

i saw a patient last week who hadn't had a mammogram in 12 years and she saw a pink ad and decided to go get a mammogram and diagnosed with cancer so no, i don't think there's too much awareness. >> i think some of the complaints have come from people who say these corporations are using the color pink and they're making money off of this campaign. i think the latest one was they're selling guns and part of the profits were going to breast cancer research. is that being -- is that overdone taking it too far? >> i think the concern is that some companies and individuals are overmarketing this for their own personal gain. so some companies, for example, will donate $0.25 for a $30 purchase or they'll donate $1 for a $200 purchase and to a maximum of maybe $75,000 or $100,000 but yet, they're really gaining off this marketing tooling. and some companies, you know, we assume when we see a pink ribbon on a yogurt or, for example, that's being -- that money is going for research or a portion of it is going for research. that's not always the case and i think that's why people are getting upset because it is being -- the concern is that it

may be overmarketed for personal gain as opposed to money being put into research which is really where the money should be going. although the doctor's point is very valid, obviously this does help gain awareness, i think it's done a great job of gaining awareness about breast can and women going for mammograms. we need to be concerned about the overmarketing and overuse of it. >> it's my understanding that research dollars have gone down over the last five years even though we seem to be seeing much more pink everywhere. >> right. actually, total research dollars are down but i think it's a testament to the success of the pink campaign that research dollars for breast cancer are actually up. and dramatically. >> uh-huh. yet we're still no closer to a cure and as a cancer survivor yourself, dr. coomer, this must ring true to you. >> that's what some survivors are concerned about when they see so much pink, is this money going into valid research? should we be looking at other reasons and other factors involved in breast cancer to help prevent it because we're no

closer to a cure necessarily than we were 20 years ago. should we looking at other factors? the concern is also, too, if we use too much pink or if we overuse the pink campaign, it will blunt the emotional response and intellectual response to what it was meant to do. patients won't go for mammograms or get sick of looking at the same thing over and over again and not necessarily donate anymore. >> you know what i find is inspiring to me to remind me going to the mammogram is the doctor's office actually calls me six months before. i mean, it's interesting how, you know, that makes me think about it, too. but i noticed you wore the pink tie today. >> there you go. >> maybe somebody will see that today. >> exactly. >> and go and get their mammograms. very interesting discussion. thank you for coming in so early. >> you're welcome. >> thanks. >> old glory being tread on once again. one famous restaurant telling a club they couldn't bring it for their meeting. and she called herman cain's 999 plan the devil.

michelle bachmann here live with her plan to fix the economy. >> last night's debate, the candidates were seated at the table based on how well they've been doing in the polls. that's how they seated them, yeah, so jon huntsman was seated next to tim pawlenty at a denny's down the street. that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. rance plus veggie nutrition. companies you're just a policy. at aviva, we're bringing humanity back to insurance and putting people before policies. aviva life insurance and annuities. we are building insurance around you. i'm forty eight years-old, i love to swim, and i love to walk outside. osteo bi-fl has really helped my kne. osteo bi-flex has been incredible for me, and i swear by it. [ male announcer ] osteo bi-flex, the glucosamine chondroitin suppment with 5-loxin advanced. shows improvement in joint comfort within 7 days.

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but have fun. bob and weave once you're in there. don't get short changed. get your cash back. chase freedom. >> good morning, everyone. hope you're going to have a great thursday. i'm gretchen carlson. another surprise in the republican race for the white house. herman cain is now the top dog. could he owe it all to his 999 plan? michelle bachmann, the congresswoman says that the numbers don't add up to her and she's live with us on the curvy couch with her plan just moments away. >> this couch? >> yes, this curvy one and the white house has plans to deal with the latest threat from iran. more sanctions. has that ever worked in the past? does the u.s. need to take strong action against that rogue state? we'll report and you decide. >> plus you can have an endless bowl of pasta but don't you dare bring an american flag to the

olive garden. why one woman was told to leave old glory at home. what? "fox & friends" hour two for thursday starting right now. >> good morning, everyone. hope you're going to have a great thursday. in a moment, congresswoman bachmann will be here on the couch. >> how do you know this? >> she's right there. and we actually match. not planned. >> there you go. >> not planned at all. >> and i was just going to say, for any -- we know that times are tough right now. but if anybody will give me $0.25 for this blackberry paper weight, i'd be happy to unload this thing. >> what the heck? >> i got two of them. >> so all the news we got for today was based on stuff yesterday. >> no. luckily some computers are working and that's how we have your headlines. >> somebody with an iphone, help us! >> brand new details about

what's being called the worst mass killing in the history of orange county, california. eight people are now dead after a crazed gunman opened fire inside a hair salon there. the suspect now identified as 42-year-old scott dekraai seen here being taken into police custody moments after the rampage. one of his victims, his estranged wife michelle. those who knew the couple say they were going through a bitter divorce. >> i knew she was in a custody, you know, a divorce -- you know, an ugly divorce or custody battle or whatever you want to call it. really devastating to come home and see this. but, you know, it's your neighbor. >> authorities say dekraai is the sole suspect at this time. a developing story out of maryland right now. police issuing an amber alert for an 11-year-old boy whose mother was found murdered in their home. you see the boy on your screen here. william mclean described as five feet tall and about 85 pounds. a car registered to his mother also missing. police say it's a black honda

crv with maryland tags 5ag9405. if you know anything about this crime, please call police. sheriff's deputies near chicago are reopening the investigation into one of america's most notorious serial killers, john wayne gacy. they secretly exhumed the bodies of eight men killed by gacy. out of his 33 victims, these are the eight, if you believe this, they were never identified. gacy abandoned their bodies in his basement and backyard. beginning this week, though, police are going to contact family members of men who went missing during that time and ask them to submit d.n.a. for comparison. gacy is one of the worst serial killers this nation has ever seen executed in 1984. olive garden restaurants under fire for refusing to allow a kiwanas club in alabama to fly the american flag in one of its dining rooms. they told the group it would disrupt other groups in the restaurant. the woman who runs the group says she felt like she got punched in the face and now the

restaurant chain is apologizing. and all the salad you can eat, i hope. >> that laugh coming to you from michelle bachmann, congresswoman from the great state of minnesota. good morning to you, ma'am. >> good morning. good to see you. >> we were talking a little while ago about the very latest "wall street journal" poll, herman cain among g.o.p. primary voters is leading mitt romney right now, 27-23. rick perry has lost 20 points and now at 16. one of the things about herman cain that people like about him he's not a politician but they're saying that his 999 plan, they like it. you don't like it. you say it won't work. >> well, i'm a former federal tax lawyer and i've dealt with taxes and the tax code all my life and also a business operator and member of congress and i'll tell you, the last thing you do is create a brand new pipeline of a revenue stream for the united states congress. because once you create -- >> with the sales tax.

>> with a sales tax. once you create a new tax, it will never go away and i'll give you one example. in 1898, congress created the spanish-american war tax. it's been over for a long time, the spanish-american war and in 2006, we just partially got rid of that tax. we're still paying a portion of it. so once you create a tax, you'll never get rid of it. you got to consider, in some areas like, for instance, in washington, d.c., you currently pay a 10% sales tax. if you add the cain tax, that would be a 19% tax. >> taxes would go way down. >> you never know. the way congress works is congress controls the dial. >> members of congress. >> and so the thing is you can go ahead and dial up the tax on income tax or the corporate tax and rather than 999, you could have 15, 15, 15 or 30, 30, 30 or 49, 49, 49. that's how congress works. they have a revenue appetite.

it is never enough money. >> what would you do, then? >> well, i'll tell you what i would do, i've got -- i want people to go to michellebachmann.com, i have my whole recovery plan. this is good. this is a plan that herman cain is putting forward but it's a tax plan. it's not a jobs plan. >> so if the national sales tax wasn't there, would you go for it? >> i love low tax rates. i think it's great. but again, his plan doesn't work without the sales tax. and that's the question. and so my plan has not only a tax plan in it but it's a jobs and economic recovery plan. that's what we need, a whole package and i've got a blueprint for that and so that's why i want people to go to michel michellebachmann.com. for the tax plan, i take apa pa out of one of the great people that i admire, ronald reagan. i want to adopt the tax plan that brought the economic miracle of the 1980's, why not

go with what works? i want to reinstitute the reagan tax model from the 1980's. >> i wonder what donald trump will think about that. you're meeting with him after that. >> how did you know? i didn't tell anybody. fox knows everything. >> blockberry sent me your messages by mistake. i'm not eating with donald trump today. >> must have whispered something in your ear this morning. >> what do you hope to gain from this? do you find it fascinating that meeting with donald trump has become an important step for every member of the g.o.p.? >> it's because -- remember what a splash he made earlier this summer, he made a huge splash. >> he was leading in the polls. >> because he was telling it like it is. he's very bold. and i like him on a personal level, i like him. i've met donald trump before and i look forward to it. i'm surprised you knew about it. >> in the press this morning. >> already. >> he said some really nice things about you when he was here because he joins us every monday. >> he has a great personality. >> right and he knows what he's

talking about when it comes to the economy. congresswoman bachmann, you also know, you called out bank of america for saying hey, what are you giving us 5% fees for for using our debit cards? you said i don't think bank of america is to blame. you point fingers back to senator dick durbin and the senate? >> that's right. because congress really forced this, didn't they? because they passed the housing and jobs destruction act which is also called the dodd-frank bill and i sit on the financial services committee. i saw this coming. that's why i introduced the bill to repeal this because all it does is drive costs up for the consumer. it drives costs up when you go to get a housing loan. it drives costs up for job creators so we have -- it's a job destruction act. that's not what we need right now and because the federal government squeezed the banks, the banks got to figure out some way to replace that revenue so they're jacking up the fees on debit cards. that hurts everyone. >> can you unwind it for the nontax attorney like me and tell me why bank of america is going up 5% is just a reaction to what

happened in washington. >> it is. because the federal government took income away from the banks. they said to the banks, you can't make a profit when you -- when people go to swipe your -- the credit card. >> cracking down right now. >> yes. and it's because former staffers of senator dick durbin went to lobby him. isn't that convenient? >> went to talk to their former boss. next thing you know -- >> next thing you know, they're passing a cushy sweetheart deal for the clients they represent. there's a backlash and the consumers pay for it. 5 bucks a month. that's the first new fee. there's going to be a lot more to come. >> because the way it was sold originally was that senator durbin was doing this to help consumers. >> oh, yes. oh, yes. >> to take away the ability to raise your interest on your credit card. >> so what he did, gretchen, is winners and losers, right? so he was going to help a retailer like wal-mart, we all love wal-mart. i do, too, but he was going to

help wal-mart at the expense of the banks and the banks are saying wait a minute, we're not allowed to make a profit. but wal-mart can? that's what's wrong because we shouldn't be having government politicians choosing who gets to win and who is going to lose. because then it's whoever is politically connected, right? that's what i hate about washington. and that's what i want to get out of washington is politicians getting payoffs from their political contributors and then they deliver the goods back to their contributors. we should all be equal under the law. that's the way america should run. >> instead of quid pro cash. >> good way to put it! >> one of your colleagues debbie wasserman-schultz, she's been talking about how many jobs the administration is creating. yesterday, she was on our program -- >> were there any? >> no, she's talking about -- listen carefully, here's what

she said yesterday on our program via satellite. listen. >> mitch mcconnell believes if he got a republican in as president, they would create more jobs. >> that's not why people elect leaders, though. they elect -- >> to create jobs, i think -- trust me, this time around, they'll be electing a leader that's going to create some jobs. >> yeah, that's not why we need a new president because we don't elect them to create jobs. >> she's admitting, number one, barack obama didn't create any jobs. very true! jobs were lost. either that or she's just become a republican and she recognizes that government doesn't create jobs, the private sector creates jobs. but i don't think so. >> are you suggesting she's switching over to your side? >> i saw her last night, i was in washington voting for the free trade agreements which we should have passed four years ago. create thousands of jobs. thank god, it got through last night. i went down to colombia and met with president sanitos. this will create thousands of jobs. it's about time but four years too late. >> president bush wanted that

badly. >> yeah, president bush had it ready to go and it was nancy pelosi and harry reid that said no dice. and of course, that costs thousands of jobs. >> all right. speaking of jobs, we know -- you got a lot of people working for you in iowa. is the strategy right now to, you know, iowa caucuses, that's the first thing. if you can do big there, you'll do big everywhere. so that's what -- >> absolutely, yeahme, i won th iowa straw poll in less time than any other candidate in the race. first woman to win the iowa straw poll. huge win. biggest straw poll in the contest so we are focusing on iowa but we just finished a four day bus tour in new hampshire that was extremely successful. we spent weeks in south carolina and florida so we are in it to win! >> right. it could be coming up very soon. >> very soon. >> yeah. >> earlier than usual. >> might hold it october 19th. >> christmas in iowa. fine with me, i was born there. >> me, too! >> let us know what you have for breakfast with the trumpster. >> he'll have caviar and i'll

probably have corn flakes. >> delicious. >> always great to see you. >> thank you. good to see you guys. >> good luck. >> do you have a hard time getting your man off the couch? maybe you're going about it all wrong. a woman found a solution. chores with scores. >> i don't think i like the sound of that. plus some consider it an act of war against the united states so will more sanctions against iran be enough to keep america safe or do we need to take military action as some say, a fair and balanced debate next. >> hear about this terrorist plot by the iranian government that may have been part of it. no, actually, this is really scary. iran was going to use members of a mexican drug cartel to kill the saudi arabian ambassador on u.s. soil. now, they didn't want to use mexican hitmen, they were willing to work for half the price as the americans so who ordered the cereal that can help lower olesterol

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>> 16 minutes now after the hour. it's being called an act of war by u.s. lawmakers. a foiled plot by the iranian government to kill a saudi diplomat right here on american soil with congress challenging the president to hold iran accountable. how should the white house handle this developing conflict? let's ask two who might know. let's ask andrea tantaros and juan williams, co-hosts of the new hit show "the five" at 5:00 eastern time on fox news. what should the correct response have been? first of all, let's hear let's get the u.n. involved and put sanctions. does that satisfy you? >> yeah, i think that, you know, instinct to go get them is totally wrong. let's have israel go get them, i think these are people who have having a knee jerk reaction. the fact is that would discombobulate the middle east and complicate our interests into the middle east and make us into the big american enemy to a lot of the arab world. i think what we need to do is

get russia, china, on our side. organize that. make the sanctions really effective and they haven't been effective so far. and secondly, we need to promote some kind of regime change inside of iran. that's what we have failed to do in the past. >> right, russia and china on our side, andrea, optimist snik>> not so optimistic. china is holding a lot of our debt so it's hard for us to tell them what to do. i agree with juan on regime change. i'm not so bullish on sanctions. why? because we've tried sanctions. we've tried them many times. it has little effect. >> we could collapse their central bank and there's a push to do that. we have no will to do that. >> here's what needs to happen. here's where my friend and i agree, on regime change, what's unfortunate, though, in 2009, we had that opportunity. the green revolution was rising up and this administration dropped the ball. it was an opportunity to really support internal regime change. i talked to a couple of folks in the security committee, they say we need to go in and covertly

push for some kind of regime change. >> this involves saudi arabia, too, which could give us leverage. it's not just about america being targeted. this is a middle eastern nation. >> it's unbelievable. again, when you think about what iran does, they had weapons inside iraq. they had been our enemies and killing americans so they're a terrorist network sponsor. you got to understand, we have got to manage them in such a way as to isolate them. that's why you say the sanctions haven't worked but it would be great if the sanctions could work and the central bank that you identify is key to this. >> one thing we did try years ago is we went to foreign companies that we do business with that our allies do business with like b.p. and he said stop selling to them! and it had tremendous effects. are we going to do that again? we should do it again. but i don't think that the saudis are willing to do anything and i don't think that israel, as much as we talk about it, i don't think the israelis want to start a war. >> how can the saudis can't do anything? if they were going to kill their ambassador. >> they're not going to do

anything. >> they have the financial resources to support it or at least not block it. andrea and juan, interesting debate. i hope it's not a democrat or republican. >> no, it's not. it's not. they were going to kill this guy in one of my favorite restaurants in washington. >> how dare they take out your restaurant? >> i don't know. >> it's unbelievable. >> gosh! >> great job, look forward to seeing you today on "the five" at 5:00. more of your money wasted much this is a story coming your way on the ultimate bridge to nowhere, brand new airport terminal that can't get passengers to the plane. oops! we didn't start world war ii but certainly ended it but president obama wants to apologize for that. you'll never guess who had to tell him that might not be a good idea. [ female announcer ] so you think your kids are getting enough vegetables? yeah, maybe not.

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>> exactly 24 minutes after the top of the hour on this thursday. here now, news by the numbers. first, 36 million bucks. that's how much city officials in monroe, louisiana, paid to install new passenger bridges at the monroe regional airport. the problem -- the bridges are too short to connect the planes to the terminal. good job. next, $13 million. that's how much the winklevoss twins have had to pay back in legal fees after losing another appeal against facebook and mark zuckerberg. they want to be billionaires. 70, that's how many people are riding their bikes from arizona to california this morning to raise money for the injured

marine. that's great. over to you. >> president obama says he'll keep fighting for his jobs bill even though the senate has rejected it. >> the senate acted in a bipartisan matter to reject the president's tax increase on job creators in our country. and now i think it's time for both parties to work together to help create a better environment for job growth in our country. >> so what is the key to job growth and what can washington learn from the private sector? my next guest has a lot of experience in this field. he's the ceo of mohegan tribal gaming authority which means mohegan sun casinos. good morning to you, sir. >> good morning. >> you are from the private sector, obviously. when you hear about the president's jobs bills, is it up for down for you? >> it's not an up for me. i think we need to make sure that our policymakers are doing things that create long lasting jobs, not just quick jobs. for our business, mohegan sun, people have to be comfortable that they're going to be able to keep their jobs, their homes are going to have value and they'll have disposable income and doing

one time quick fix things doesn't really work, we need to set a policy that encourages businesses to reinvest in america, you know, we can't export our jobs. we're an entertainment facility. our jobs have to be here. we have to create incentives to keep the jobs in america, not incentives to take them away. >> one. things you say is that the secret to success is to invest time and energy into making employees a major part of your business. how do you do that? >> at mohegan sun, we believe that employees are the core of our success. we invest in them and we build an employee center with a fitness center, travel agency and we built an employee gas station to take advantage of our wholesale prices where we buy gasoline. we have to put our employees at the center of everything we do. >> interesting thing is during the tough times and recession, you waited a long time to let other people go. other employees agreed they would take pay cuts so other people didn't have to lose their jobs. >> yes. we found ourselves, like many industries, where we had to do something. we had to reduce our payroll

expenses. but we didn't want to reduce our service by cutting bodies that we need and we really didn't want to put more people out of work. it wasn't good for our local economy. the other casino had laid a lot of people off. we went to all of our employees and everybody across the board from the line level to the executives took pay cuts, 4%, 7 1/2% and 10% for the executives and we rolled that out. to keep everybody working. i had employee meetings and actually, at that time, people applauded, after i told them we were reducing everybody's pay because people wanted to stay working. >> wow. that's a very interesting ophy.phy. one that has worked for you. i know you're coming up on your 15th anniversary with j. lo. >> we have really special weekend 21st, 22nd and 23rd of october. jennifer lopez is doing a special performance, doing it just for us, the cake boss is making a special cake and all the celebrity chefs will be there and tons of things for everybody to do and see. come up and visit us. >> everybody wants to have fun. that might be a great place to check out next weekend.

great to see you. thank you so much. >> thank you. >> coming up on the show, the president wanted to sit down and have some suds with a couple of unemployed guys. they forgot to do a background check. one of those guys has a record and it's one of the most underappreciated jobs in the united states, the truck driver but they're the ones that keep america moving. the star of "american trucker" with us live.

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tltltltle emotional here? aren't you getting a little industrial? okay, there's enough energy right here in america. yeah, over 100 years worth. okay, so you mean you jus. actually, it's cleaner. and, it provides jobs. and it helps our economy. okay, i'm listening. [announcer] at conoco phillips we're helping power america's economy with cleaner affordae natural gas... more jobs, less emissions, a good answer for everyone. so, by reducing the impact of production... and protecting our land and water... i might get a job once we graduate.

>> did you guys see this? yesterday, president obama had beer with four unemployed construction workers. yeah. he did. 6 and obama asked the guys, what is it like to lose your jobs? the guys are like, you'll see. >> at that, the fella that he was having beer with, one of the guys, they all had budweiser and our president, as you can see right there, drinking a guiness. hmmm. so we know the guy in the middle is currently the president of the united states. who are those other guys? >> it turns out unfortunately for mark makim, now he's going to get a lot of publicity about this, he in 2006 was charged

with a dui. >> and he went on probation. >> he went on probation and according to records, violated probation in 2007 so i guess he was unemployed now at the time, that's why he was selected, whole idea to have the beer summit to get together with the president to tell them ideas of how to help them get jobs. >> that's very unfortunate, the guy with the dui record, you would think that somebody would vet those people around the table. but apparently the vetter was busy that day. >> that's not good for him. what he did in the past is now front and center but i'm sure it was great to have a beer with the president. wikileaks leaks have been coming out and being very -- as much as we despise the fact that our security has been compromised, they've been enlightning. one story that came out that i find disturbing, the president

in 2009 was heading to japan at which time evidently the white house had a great idea. let's apologize for dropping that bomb on hiroshima. let's apologize for not having a land invasion to end world war ii that would have cost tens of thousands if not hundreds of thousands of american lives in japan and let's apologize for doing that, ending the war. guess who stopped it? >> a japanese official who said, look, we don't want any apology for that because actually, we sort of need to keep the nuclear threat alive because of the people -- the countries that are betwixed around us, speak of china and maybe north korea. those countrys that are a threat or could be to japan. according to wikileaks and this report, the japanese official is the one who contacted the white house and said let's not apologize for hiroshima. aut you got to keep in mind, this is in september of 2009, that's when the diplomat sent

the cable to hillary clinton to relay to the president. earlier in the spring, the president of the united states went to prague and talked all about how the world needs to rid itself of nuclear weapons and stuff like that. and the japanese just felt for him to go to hiroshima, nagasaki, to make that message, you know, to apologize for bombing them, that was a nonstarter. >> and the white house now has said that this story is not true, that it never played out the way -- >> no plans to apologize. >> there were no plans to apologize. >> 25 minutes before the top of the hour. headlines. >> military's official report on a helicopter crash that killed 30 u.s. troops in afghanistan is out and it says no mistakes by commanders were involved. the chopper went down purely at the hands of insurgents to launched that rocket-propelled grenade. >> the terrorist who tried to blow up the jetliner in 2009 headed to prison for the rest of his life. umar farouk abdulmutallab stunned the courtroom in detroit

pleading guilty on the second day of his trial. the 24-year-old nigerian said it was an act of jihad, no kidding. he'll be sentenced in january. attorney general eric holder using the guilty plea to defend his desire to have terrorists tried in civilian courts rather than military trials. holder releasing a statement saying this -- contrary to what some have claimed, today's plea removes any doubt that our courts were one of the most effective tools to have to fight terrorism and keep the american people safe. supporters of military trials, however, are calling holder's comments way off base. they say the ability of a court to try abdulmutallab was never in question. and that military interrogators could have gotten more information had he not been read his miranda rights in the first hour of his arrest. >> that's right. meanwhile, a doctor who specializes in sleep medicine faces cross-examination, there goes brian, at the manslaughter trial of dr. conrad murray this morning. he says giving propofol to michael jackson outside a highly monitored facility was

inconceivable. a cardiologist testified that murray could have and should have saved jackson's life. >> giving propofol in an unmonitored setting without the personnel, without appropriate monitoring, without the appropriate equipment, not being prepared, not calling 911 on a timely fashion, these deviations would not have happened, mr. jackson would have been alive. >> wow. meanwhile, murray's lawyers dropping their claim that jackson accidentally killed himself by swallowing a mouth full of propofol. they had a study done and it showed drinking the drug is not fatal. so that changed everything. >> last week, we told you about america's peter pan crisis. grown men stuck acting like boys and that 18 to 34-year-olds actually play more video games than 12 to 17-year-olds. >> that's not a man. that's sandy duncan. that's a woman playing a man! >> i know. anyway, you understand the

principle behind it. well, believe it or not, folks, a woman has come up with the solution to this problem. assigning chores with scores. check out the note one woman left for her boyfriend. entitled, no dinner? no problems and like his favorite video game, grand theft auto, it has bullet points that has to be completed if he wants the reward. find the car. difficulty level, easy and then get the reward. points and dinner. >> sounds like a happy couple. >> all right. meanwhile, let's find out where the weather is wet and all the way from new england to the mid atlantic. from the tennessee and mississippi valley up through the northern plains, it is a wet one. a lot of rain moving through portions of florida at this hour. we've got a lot of 30's and 40's out in the intermountain region and along the rockies. and currently, it is 70 right now in raleigh. it is 59 degrees on the streets of new york city where we find

brian kilmeade. >> all right. and here we are. hey, over here this camera, rob marianni is the host of "american truckers" and in fact, i'll use chris jewel's camera. you're closing out your second season on the speed channel and you look at the life of truckers. you're not a trucker but you're a truckologist. >> that's right. i was -- ever since i was a little kid, i was infatuated with all things diesel truck. my grandfathers are truck drivers and i was just, you know, total -- we're talking head over heels with the trucking industry since i was a kid so i spent my adult life really in the design world and somehow i've managed to pull it back and get my hands on the real stuff that i like, 18 wheelers. >> the 18 wheelers, this one is a 1969. >> 1969 peter bilt owned by randy brown. >> this is an example of something that's been restored and kept on the road. restored while it never left the road. it's been running how many consecutive days? >> i don't know about days in randy delivering this thing. he hauls, i think, from gravel from new jersey and new york so

if there's a road project or something going on in construction, chances are that 1969 peter built owned by randy has delivered it. >> take a look at what it looks like inside. i want to continue to talk to you. how important are truckers to the fabric of america? >> linking goods with people, stores with their items. >> this is what i say on the show. the american truck driver delivers america one load at a time. that's a fact. without them, america comes to a grinding halt and it would only be a matter of days. if the truckers don't run, we don't have fuel. you don't have food. you don't have clothes. you have nothing. >> you guys have been really under the microscope because of these -- because of energy, the type of fuel you use, making your life harder. >> oh, they're making -- what's happening right now is there's a bunch of unfounded science that is kind of, you know, choking of the industry in a lot of levels. as an example, this fuel tank here on a 1969, modern trucks will have a smaller tanks of a thing called diesel exhaust fluid to burn off particulates

and it causes a lot of mechanical problems with the truck. there are a lot of problems on the horizon and they're dealing with them right now. but you still have to deliver america and you got to deal with it. >> you have to deal with it. and, you know, i get a ton of calls from truckers on the radio show especially and i will say this, it seems like you guys are fed up with california to the point where a lot of truckers are saying too many rules and regulations, i'm not going. >> they literally -- a truck like this would not be allowed into california. he could have a full load, no, you're not carb compliant. i'll give you an example, doing an episode on tomatoes in california. the fleet, 1994 freight liner, they had to trade it in for a government credit of $50,000 on a truck that's worth 12,000. 12,000, you get $50,000. scrap it. >> overrated america. part of the american trucker telling important american story. this under the microscope these days and under a lot of pressure. rob mariani, crazy to not bring

you back for year three. that will be tonight on the speed channel. >> speed channel. tune into "american trucker". back inside. >> that's a great show. thanks, guys. coming up straight ahead on this thursday, president obama's jobs plan gets shot down in the senate and now the g.o.p. has a plan of their own to get america back to work. senator john mccain is here to tell us what that plan is. >> and we told you about these boys, told by the town to take down their tree house. well, that family joins us next. [ male announcer ] every day, thousandof people are choosing advil®. here's one story. [ regis ] we love to play tennis. as a matter of fact it was joy who taught me how to play tennis. and with it comes some aches and pains and one way to relieve them all is to go right to the advil®.

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but for this falls church father, it turned into a lesson in big government. now, the family is fighting the county zoning board that wants him to tear down that treehouse. mark grapen joins us along with his sons, both scouts, eric and shawn. good morning, everybody. >> good morning. >> mark, let's start with you. before you went to iraq, you wanted your -- you made a promise to your sons. you wanted them to have the same thing you had growing up in florida, right, a treehouse? >> yes, sir. >> and so i understand you called falls church, virginia, you called the county building people and asked them what? >> well, actually fairfax. >> fairfax county. >> huge government. we're talking billions in budget. called the building permits office, asked what was required. fellow talked to me on the phone, very nice, but laughed quite a bit and said there's nothing you need to be doing for it. it's a treehouse. >> it was a safety thing to him.

you could absolutely build it. so you went out and bought $1400 worth of materials. built it. it's great. but apparently, a couple of your neighbors complained. you can't build a treehouse there because he lives on a corner lot and now you're tangled up in a zoning problem, right? >> well, let's back up a little bit. it was probably one complainant that reported twice and it was a nondescript complaint. i don't want to paint any of my neighbors, those who surround the house and the neighborhood. the neighborhood has been terrific and very, very supporttive. this is an anonymous complaint. >> they want you to take it down, don't they? >> if we stop right now, that's the order of the board. so we have one more appeal in front of us. >> you know what? let's make an appeal to the board right now. eric, look into the camera, tell us why you love that treehouse. >> because it's really fun and the slide is very fast. we had fun building it.

>> that's good. >> it's great. shawn, why do you love it? >> well, because it's just really fun. i don't know how to like put it into words. >> well, i understand. fun says a lot. and eric, if they make you take down the treehouse, how sad will you and your brother be? >> it will be really awful. >> yeah. >> well, let's find out what happens. continue their administrative battle out there in fairfax county, virginia, mark and eric and sean, good look to you and by the way, that the a good looking treehouse, sir. >> thank you much. >> what do you think about that? shouldn't they let the family keep the treehouse? they've already spent something like $3,000 between building materials and the appeal. e-mail us, friends at foxnews.com. straight ahead, the senate smacks down the president's jobs bill and now republicans are offering a plan of their own. that guy, senator john mccain joins us live with a preview and

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>> welcome back, everyone. president delivered his jobs plan to the senate and it got knocked down. just before that vote, he challenged republicans to come up with their own bill. >> and they did. arizona senator john mccain will join his colleagues in rolling it out today. senator, welcome back. we're going to talk about happy birthday, navy and that means a lot to you and your family, i understand, but first thing's first. today, you're coming out with a jobs plan while the president is

still going to try to pass his piece by piece. could that impede the process? >> well, i think it's pretty obvious, brian, that he showed with the affection of democrats and would have been more of them if it hadn't been have been a procedural moment that he's not going to get any kind -- anywhere near what he needs as far as votes for the entire package but they never expected to. this is all about campaigning and by the way, this stimulus two that he's pushing is the -- we've seen this movie before. we saw the promise of 8% unemployment if we passed it. we saw the promise that it would be job creation and this is the same borrow tax and spend proposal that stimulus one. so we've come up with a proposal for -- to put a moratorium on regulations, to simplify the tax code, to get going on off-shore drilling, you know, line item veto to a balanced budget amendment, constitution amendments and we're going to be -- senator rand paul and senator

portman and many others, we've been involved in this and we're rolling it out today and we'll be glad to put it as a counterpoint to the president's tired, same old spend, tax, borrow efforts of the past. >> senator, it will take one of his talking points away which has been the republicans have no plan. right? >> right. and we have a plan and we'll have almost all of the republican senators behind it. and if he wants to bring up the piece of his proposed plan, we'll bring up a piece of ours. we'd love to see, for example, a vote in the united states senate on a moratorium on federal regulations which are coming out by the thousands, costing businesses billions and billions of jobs. we'd love to see a vote on that. but it will be interesting to see whether the majority leader allows it. >> let's talk about something else that i know you've been focusing on, iranian terror plot as it unfolded. they've been looking at it since may. what should the right response

be? what should be on the table? >> first of all, the hand fistedness of it is what, of course, initially very surprising. this is a very, very efficient terrorist organization, the quds force, they exported these ied's that killed americans. they're supporters of hezbollah and hamas. they have intervened in bahrain, they're playing everywhere in the region but second of all, it's really -- should alarm us because here's a country that is clearly on the path to acquiring nuclear weapons and the means to deliver them and they are trying this kind of thing in the united states of america. first, we ought to freeze our assets and make it difficult for their oil shipments and put more pressure on them and then, of course, we have to consider this in the context of their overall behavior. could i mention one other thing about it, brian? in the early 2009, after a

corrupt election, the people of tehran took to the streets and they were saying, obama, obama, are you with us or are you with them? you know what he said? he said he didn't want to jeopardize his chances to negotiate with the islamic government of iran. that was a huge opportunity that we wasted. i'm telling you, history will judge that action by the president very harshly. >> very interesting point to bring up. we have 30 seconds left and i want to make sure we get in the happy birthday. 236th birthday of the u.s. navy, senator. >> i remember celebrating at manila bay during the spanish-american war. it was a great time. >> that's taken us really back in time. >> there was a mccain there, it just wasn't that mccain i'm talking to. >> all right. senator, always great to get your thoughts. thanks for joining us. >> thanks for having me on. >> all right. happy birthday, navy. meanwhile, still ahead, the attorney general subpoenaed -- subpoenaed over the botched fast & furious operation. but michelle malkin says there's more to this. she breaks it down for us at the top of the hour.

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delivering mail, medicine and packages. yet they're closing thousands of offices, slashing service, and want to lay off over 100,000 workers. the postal service is recording financial losses, but not for reasons you might think. the problem ? a burden no other agency or company bears. a 2006 law that drains 5 billion a year from post-office revenue while the postal service is forced to overpay billions more into federal accounts. congress created this problem, and congress can fix it.

>> gretchen: top of the morning. it's thursday, october 13. i'm gretchen carlson. thank you so much for sharing your time with us today. herman cain is catching on. looks like he's the new top dog. new polls show the former pizza guy running away with the lead. >> he delivers. >> steve: rest easy, everyone. your blackberries are fixed. not mine. that's what the company says. so why are most of them still quiet this morning? turns out there is a catch. brian? >> brian: i just got your e-mail. i am going to be at work today. >> steve: okay, good. >> brian: medical miracle was caught on camera. a deaf woman hearing her own voice for the very first time. >> here you go. >> technically the device is on. can you tell? that's exciting! >> brian: can you imagine that? that woman here live to share with you that incredible experience. "fox & friends" starts right now

>> navy wings are made of gold. >> gretchen: wow. it's happy. 236th birthday to the united states navy this morning. >> steve: 236 years ago, continental congress authorized the creation of the u.s. navy. 236 years later, we are brought to our knees as a country because there is a black berry outage. >> brian: people are running like the dickens to the iphone. >> steve: and the android and others. i did offer to sell this ba blackberry paperweight for a quarter earlier and i got an e-mail from sue and dave miller. they want to know my paypal account and they'll give me four times when i'm asking. a dollar. [ laughter ] in the mail. >> gretchen: they are kind of like paper waits right now. we'll explain to you what blackberry, rim is saying when you might get your service back.

brand-new details about what's being called the worst mass killing in the history of orange county, california. eight people have been killed by a crazed gunman when he opened fire inside a hair salon. the suspect now identified as 42-year-old scott deckry, being seen taken into custody. one of his victim, his estranged wife, michelle, and those who knew the couple say they were going through a bitter divorce. >> she was in a custody, you know, ugly divorce or custody battle, whatever you want to call it. devastating to come home to see this. it's your neighbor. >> gretchen: authorities say he is the sole suspect at this time. do you have a blacks with berry? if so, you probably don't have any of your e-mails. moments ago, the phone's manufacturer issued another apology in the form of a video after millions of users lost access to e-mail starting yesterday. in the video, their co-chief executive admits it's too soon

to say the issue is fully resolved. they're blaming outage on a broken piece of equipment. but while it was down, so many e-mails have been stacking up that it could take hours or even days before your blackberry is back to normal. remember when we didn't use those things like five years ago? new front runner for the republican nomination, businessman herman cain now leading the gop presidential field in the latest "wall street journal" poll. earlier, we spoke to one of cain's rivals, michelle bachman. she said she has a problem with cain's 9-9-9 plan. >> i'm a former federal tax lawyer and i dealt with the tax code all my life and i'll tell you, the last thing you do is create a brand-new pipeline of a revenue stream for the united states congress because once you create -- >> steve: with a sales tax? >> with a sales tax. once you create a new tax, it will never go away. >> gretchen: all right. so you're wondering why are we showing you dropped trump? because we're not the only one

bachman is visiting in new york. she's also meeting with donald trump right now. sorry, kids, this haunted house closing down. a town in california forcing a teen to tear down his elaborate holiday display over a permit problem. they say it might be unsafe. chris has been working on his house of horrors for the past three months, but now the city of fromont threatening to fine his parents several hundreds a day if not torn down. >> steve: with a big ax. let's go out to colorado springs, check in with michelle malkin as we do every thursday. she is the author of "culture of corruption." good morning to you. >> good morning, sir. >> steve: let's talk about what's going on in washington, d.c the subpoenas are flying and this fast and furious thing, the more we learn, the more people are going, what? you've got to be kidding me. there's a lot of pressure now on the attorney general of the united states.

>> yes, it is unrelenting and due in large part not only to the whistle blowers within atf, but a couple of great republican watchdogs, charles grassley and darryl issa who has been on this for a long, long time. it's taken a lot of pressure and pushback against the stonewalling of the doj and the subpoena issued yesterday is actually the second one that has been issued because an earlier one was issued in march. it's not just eric holder who is now being held accountable, but 15 other doj officials who were being put to the legal test now to come up with information that they have been withholding from these congressional investigators. the dates that are on the subpoena that were issued are very important, i think. the first one, february 4, because this is the day that the atf stopped failing and realized the guns were being walked to mexico. in addition, there is another agency that is now under fire

and that is the d.e.a., drug enforcement administration. that agency's name has been floating around for months among the second amendment community and the people who have been following this very closely for the last year. as i've been mentioning as well and some congressmen have been talking about, in addition to the doj, we've got the state department as well. so hopefully there are going to be other shoes that are dropping in terms of subpoenas there. >> brian: michelle, do you believe that the true objective of this program has yet to be unveiled and only been intimated and that is it was designed to change the gun laws in this country by showing that our guns are destroying another country? >> well, this has been a long suspicion by many who have observed that there are gun control zealots who have been placed at the top echelons of this agency since day one of the obama administration. and i think we can probably

debate until we turn blue whether or not this was the actual direct intent. but what we can say for sure, of course, is that it's been the consequence, because in order to cover their backsides as this thing has exploded, what has the doj and obama administration done? well, they've gone after and chased after the law-abiding gun dealers, licensed gun dealers in this country as the problem when, of course, they were so much part of the solution in blowing the whistle in arizona on this in the first place. they've been demonized and ostracized. that has been the result. >> gretchen: let's talk a little about the iranian terror plot that unfolded a couple days ago and the attorney general, eric holder, held a press conference. now, it's my understanding that members of congress and the president himself knew about this a few months in advance of that. one of the main suspects was going to be in federal court that day. do you question the timing of this press conference that was called based on the fact that

eric holder is also being asked a lot of questions about fast and furious at the same time? >> yeah. well, let me make this clear. i certainly don't question the plot. i don't question the actual concept that our border remains susceptible to this kind of terrorist infiltation. in fact, i've been talking about that for years. and the fact that our lack of consistent and strict enforcement makes us even more susceptible to these kind of terror plots. but it certainly is curious -- and i'm not the only one who raised eyebrows at the fact that this press conference happened on the day that the subpoenas were expected to drop, and that, of course, eric holder is on a very, very hot seat right now. it certainly didn't help that at the end of that press conference when reporters were asking questions about fast and furious, he deflected back to this heroic role he apparently

played in uncovering this plot and refused to answer any questions about fast and furious. yeah, wag the dog certainly comes to mind. >> steve: as soon as somebody asked one question, he said, okay. i'm done. can you imagine, because a guy who wanted to whack the saudi ambassador on u.s. soil, can you imagine he thought he was talking to a mexican drug cartel. can you imagine had a fast and furious gun -- there is the guy right there -- been used to take out the saudi ambassador, can you imagine what a blank storm we'd be in right now? >> a blank storm, absolutely right. i mean, it already is a blank storm, of course, given the fact that we have at least two, if not more law enforcement officials who died at the hands of these kind of guns. but the fact is that these agencies under the obama administration have to worry about this every single day. are there fast and furious guns that are going to show up in the headlines? they worried about this with the

gabriel giffords shooting as well. it goes to show you just how deep the corruption is and how much blood has already been on the hands of the administration, and may be in the future. >> gretchen: and we showed 50 of those guns in one drug kingpin's house. >> hoarding them, yes. >> gretchen: let's move on to the president with regard to this jobs bill because he has said pass the bill, pass the bill. and then he would say that republicans were obstructionists for not doing it. what he failed to mention is that there were democrats also against this bill and it went down in the senate the other day. what do you make of the continued blaming the republicans? we just had john mccain on the show and he says they're unveiling their plan today, the republicans are. >> well, there have been many plans that the republicans have and plan number one, of course, is to undo all of the damage that the obama administration has done to this economy over the last couple of years. the obama administration complained somehow that these are not plans because they haven't been repackaged, wrapped and put with the word plan on

top of them like he's been doing, recycling over and over again. this is part of this compulsion that the obama administration has to tell fables over and over again and repeat them until the american people somehow believe it or embrace it. but guess what? it's being rejected and not just by republicans and conservatives, but by democrats, as you say, gretchen. the couple of democrats that voted against the plan in the senate, which, of course, undercounts the fact that there were many other democrats who opposed the underlying plan, not just the cloture vote. i put it out in my column this week that the entire cell of this plan has rested on lies, like last week's lie that somehow obama talked to a poster child teacher who would have benefited from this, claims that the teacher was out of work when, in fact, he does have a job, and that obama had never met this guy in the first place. guess what? the only good ending to the

story that obama tells are the words, the end, and that's coming up in november 2012, we hope. >> gretchen: michelle malkin's opinions, she says them straight and she's a straight shooter every week when she joins us. thanks so much. we'll see you next week. >> brian: coming up, what happens if you inherit a home that's sink not guilty debt? can the bank come after you? bob massi here to explain. >> steve: then they say you're here, you're family. so why is the olive garden telling one group it can't display the stars and stripe when is it holds its meetings at the restaurant? what's that about? details straight ahead. sing it, patty. [ male announcer ] cranberry juice? wake up!

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>> steve: sadly, no turn around in the real estate market. it seems to be going down and down. now homeowners are not only the ones left footing the bill. what if your children inherit your mortgage that is under water? what are they going to do? here to break it down is fox news legal analyst and real estate expert, bob massi. good morning to you, sir. >> good morning, steve. >> steve: all right. we've got three questions for you and we hope you can help the people 'cause millions of people are under water. first of all, bob, can you be held personally liable if you inherit a property that is under water? >> the beneficiaries, that being whether there is a will or not a will. so if the children inherit a piece of property, a house that is under water and it's going to be foreclosed on, or has been

foreclosed on, the lender cannot go after those children personally, steve, because they were never on the original loan. so as it relates to foreclosure and the beneficiaries that they inherit a particular house, no, generally speaking, they can not go after those kids or any beneficiary personally. >> steve: unless they are a joint owner, unless they are on that mortgage? >> oh, yeah. or cosigner, of course. >> steve: got you. that's good news. meanwhile, what if your state includes other assets, can the bank go after those assets to pay off whatever is owed on the house? >> yeah. this is very important. i want our viewers to understand. let's assume you just have a will and it has to be probated, which means it has to go through the court. let's assume for purposes of conversation that the house is in the process of being foreclosed on, and let's say you have $100,000 in stock

somewhere. a creditor, a lender has the right to become a creditor of your estate. again, that doesn't mean, steve, that the beneficiaries are hurt person -- are held personally liable. it means that the estate, the moneys that's in there, part of that can be held responsible if it's timely filed to be held that the estate could have to pay that back. any time you have a probated will, you have to give notice to creditors. if there has been a foreclosure and the lender is stating there is a claim, they could put a claim against the estate. >> steve: all right. that's good to know. and finally, should you have a living trust to avoid passing foreclosure on your kids? >> one of the things i want our viewers to understand, and they should all have their estate planner look at this. i've talked to many estate planners throughout the country. if your house is under water, there is a position out there, you should not put your house in your living trust if it's under

water. next week i'm going to discuss a little more in detail about the living trust and what role it should or should not play in owning a house that's under water. >> steve: that is all good advice and good to know. that's why we have the great robert massey on retainer. folks, if you have questions about what's going on in your lives financially, e-mail bob. thank you, sir. >> thank you. >> steve: have a good week. next up, domestic violence no longer a crime in one city because they can't afford to prosecute it. what does that mean for the victims? then tears of joy for this deaf woman after she heard the sound of her voice for the very first time. she shares that incredible story next. >> can you hear me? sweetie i think you need a little extra fiber in your diet.

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>> brian: quick headlines. one of moammar gadhafi's sons who reportedly has been captured. libyan rebels say they caught him outside his father's hometown in sirte. a military commander in the city denying the claims. prince harry making a big splash during his u.s. visit. he reportedly hanging out at a hotel in san diego where he saw a college co-ed get thrown into a pool by her friends. that's when harry stepped in, rescuing the young woman, offering a her his towel and inviting her out for a beer. the woman is keeping the towel. gretch? >> gretchen: thank you, brian. amazing story to share with you right now. she was born deaf and lived in virtual silence her entire life. that was until two weeks ago

when her life changed forever. watch this. >> technically your device is on. can you tell? that's exciting! >> gretchen: that amazing video, that was sarah hearing her voice for the very first time thanks to a rare surgery that placed a state of the art implant inside her ear. and sarah joins me now live to share her amazing story. good morning to you, sarah. >> good morning. >> gretchen: please help us understand what that was like, because for those of us who have been hearing our whole lives, there is no way we can relate what that moment was like for you.

>> it was so many things that led up to that moment. half of me was just absolutely terrified that i wasn't going to like it or that the moment they turned it on that it was just going to be too overwhelming and i wouldn't know how to deal with it. the other half of me was just like so ready for it to happen. i've been waiting for this for so long. so it was just a jumble of emotion. >> gretchen: i can imagine a jumble of noises to you. help us understand when you can not hear and then you suddenly do, do you just hear -- it doesn't sound like white noise? it's just party to you that that's a voice and those are words? >> repeat the question. is it white noise or what? >> gretchen: yeah. did it sound like white noise to you to hear sounds for the first time? >> well, you have to understand, i had hearing aids previously, so it wasn't that i had never heard any noise before. it was that everything before was jumbled or muffled or

sounded like white noise before. but once they turned the implant on, it's just absolute clarity. you can hear yourself speak. you can hear all the little noises you've never heard before. and so the minute they turned that implant on, it's hard for me to describe because i've been not hearing for so long, to go to this, it was just an absolute difference. i don't know how to explain it. it's an absolute clarity, but yet i could hear every little individual noise before, whereas before everything was one big jumbled sound. >> gretchen: i know you have two small children. i can't imagine what it was like to hear their voices clear for the first time. >> oh, it was overwhelming. i called my mother-in-law as soon as we left the surgery center and she picked up the phone and i can hear my little girls in the background and getting to hear their little voices like that just -- that

was worth it right there. >> gretchen: i know that you had to come up with $30,000 for this surgery. how did you find the money? >> my mother-in-law was the brunt of it. we did have some friends and family and church members and co-workers that pitched in, but my mother-in-law cashed out her retirement savings for the bulk of it. she just stepped out in faith and went for it. >> gretchen: without. i know -- wow. i know you had a general ethic deformity, there was one way to form it and it was the esteem inner ear stimulator and it worked for you. all the best to you, your husband, your mother-in-law, and your two beautiful children. miracles do happen. you're a shining example of that. >> yes, ma'am. thank you. >> gretchen: wow. what a story. when we come back, brand-new jobless numbers and what they mean for you. and then there is no limit on the pasta, but there is a limit

on the patriotism. why olive garden is treading on old glory. watch out, he's out of the rain and in the control room. hulk hogan is here coming up !

>> steve: we got a fox business alert. the labor department just releasing the latest weekly jobless numbers. 404,000 people filed first-time unemployment claims this past week. they were estimating 405,000, so that is just a little lower than expected. charles gasparino. >> i feel so much better, 1,000. listen, this is the definition of a jobless recovery. yes, gdp is growing because businesses are cutting back. >> steve: recovery? >> by purely gdp numbers. not by main street this is how you feel numbers. we're producing positive gdp. that's not necessarily bad. but it is -- it's not trickle down to the average person yet. it may not until you have a change in fiscal policy. businesses just don't believe the president's plan about infrastructure, banks, any of that stuff worked. they want lower taxes.

they want less regulation. they're not getting that out of washington. >> gretchen: and one of the ways in which the other side of the story is being played out is down at wall street with the protests of occupy wall street. i know that you have written columns about this. >> not much that they like. >> gretchen: but you want to report exclusively, i think this morning what response you got back. >> there is a blog post that someone wants to smack me in the face next time they see me. >> steve: what did you say? >> maybe i was a little excitable and i said something about that they don't shower much and they don't like. but here is the bottom line. >> brian: but they don't. >> they don't. here is the thing where it's getting, i'm a native new yorker. they are downtown in downtown manhattan where people live, urinating on the streets, banging drums constantly. you have to ask yourself, and i think the mayor asked himself, when does the rights of these protesters conflict with the rights of people to live peacefully? and downtown, everybody i talk to downtown says it's a mess. we're not talking about a

one-day protest. they've been down there a month. that park is essentially a sewer. >> steve: it is. mayor bloomberg, a billionaire, who was not on the billionaire's tour a couple of days ago, he says that they can stay as long as they want. they're going to have to have power to hose it down. they can stay as long as they want. to using drugs, groping people, stuff like that, that's completely fine. but as soon as they start using too much salt in the restaurants or transfats, he's going to lock them up. >> i like a lot about mayor bloomberg, but there is an inherent contradiction. his nanny state sort of embrace of you can't eat fattening foods, you can't put salt in -- too much salt in restaurants, yet these kids are allowed it turn, which is a very nice park -- >> brian: using new york city as their bathroom. >> gretchen: he's going to evacuate them now today so they can clean the park. but then they're going to come back. >> yes. >> steve: let's hope they don't bring salt. >> i have no problem with people

protesting. that's what this country is about. it's about peaceful protests. these are not always peaceful. these are violent. >> brian: there were arrests yesterday. >> there is an issue about being a libertarian. if you read libertarian theorists, they will tell you when -- i'm a libertarian until your liberties conflict with my liberties. that's what the mayor is forgetting here 'cause the liberties of people downtown to live peacefully get to work, not have drums banging at 2:00 o'clock in the morning, they're being violated every day by this crowd. >> brian: what message do you have that a drum playing -- a bass drum playing all night gets across? let's talk about solar energy. we know about solyndra. do you think this new problem with sun power is bigger than solyndra? i know the numbers are bigger. >> you know what's great about this sun power company? it was a great company. they know this technology is years ahead. it may never work. they know these companies that in order to finance themselves, their capital structure, basically there has to be a lot

of debt and they short them. they bet they're going to go down and this company has been short like you would never believe. they have found out -- i mean, solyndra would have been shorted and uncovered immediately if it was a public company. that's what happened here because this technology is a roll of the dice. >> steve: so they wound up with $1.2 billion worth of loan guarantees. interestingly enough, very powerful democrat in the u.s. congress, george miller, his son chief lobbyist for them. >> right. if you look at solar energy, it's a very political game. >> steve: that's not good. it's our money. >> it's our money and i'm telling you, it's a technology that has not been proven. yes, it works to some degree, but does it work enough to produce enough electricity and does it do it where people, investors are going to put their money without government guarantees? the market is saying no. >> brian: china did it because it's mandated. no one says it's profitable. you have people in spain are laughing at us. they went through this already! >> how much real energy does it

help for the chinese? at what cost? there is a cost effectiveness where if doesn't work, you know what i'm saying? it's just not worth the money. >> steve: they use a lot of coal there. charlie, we thank you very much for joining us. >> i'm going to go hide now. >> brian: no you won't. >> gretchen: let's do a couple headlines. developing story out of maryland. people issuing an amber alert for an 11-year-old boy whose mother was found murdered in their home. five feet tall, 85 towns. a car registered to his mother also missing. police say that car is a black honda rcv with 5 ag 9405 license. police believe he was abducted but don't have any suspects. if you know anything about this crime, please call police. >> steve: meanwhile, the national weather service surveying the damage in texas this morning. take a look at that. they're trying to figure out if a tornado is to blame for the

destruction of the in all neighborhood north of houston. late yesterday, the storm swept through fast, knocking out trees, knocking them down in some cases on top of houses, sent one woman to the hospital. there is still no information, no update on her condition. these pictures out of cleveland, texas. >> brian: the underwear bomber who tried to blow up a jet liner on christmas day 2009 headed to prison for life. umar farouk abdulmutallab stunned a courtroom in detroit when he says, i am guilty. that on the second day of the trial. the 24-year-old nigerian said it was an act of jihad. he'll be sentenced in january. eric holder using the guilty plea to defend his desire to have terrorists tried in civilian court rather than military court. holder released a statement saying contrary to what some claimed, the claim removes any doubt that our courts are one of the most effective tools we have to fight terrorism. yes, if you admit to the crime and don't have is a lawyer. some are calling the comments

off target and saying the ability for a country to try him was never in question. as the interrogators could have gotten more information had he not been read his miranda rights within the first 50 minutes of his capture. controversy in kansas. city council members voted to repeal a ban on domestic violence. local officials say there is just not enough money in the city's budget to prosecute offenders and they're counting on state courts to pick up the slack. victims advocates say it may be too late. nearly two dozen domestic violence suspects have been released from topeka's jails in the past two weeks alone. >> brian: that's a quick look at what's happening in the news. still ahead in the final 21 minutes, evidence iran wanted to launch a terror plot on u.s. soil and we might respond with sanctions? is that just a slap on the wrist? peter johnson, jr. weighs in to slap us around. >> steve: yep. then from the ring to the curvy couch, hulk hogan is here and he's talking politics. he's talking the housing market.

something he knows a lot about, unfortunately. and his family. >> brian: and wrestling. >> steve: oh, yeah, we're going to try to work that in, too. i couldn't concei this as a heart attack. the doctor leaned over and said to me, "you just beat the widow-maker." i was put on an aspirin, and it's part of my regimen now. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go see your doctor now. ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. gives you a 50% annual bonus! so you earn 50% more cash.

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>> gretchen: 43 minutes after the top of the hour. a couple quick headlines. while you were sleeping, two amtrak trains collided in oakland, california, 16 people were hurt when a train going 20 miles per hour slammed into another one as passengers were unloading. luckily injuries not serious. 70-year-old bus monitor facing child abuse charges now after beating a 14-year-old student. it happened in lakeland, florida. video appears to show yvonne branch punching the teen, even putting him in a headlock and

then biting him. branch has resigned. she says she was acting in self-defense. maybe she needs a lawyer, brian. >> brian: i know just the one she can go to. in our effort to hammer iran over its government's alleged ties to a major terror plot, the obama administration has imposed more sanctions. >> in this arena, we take no options off the table, but in dealing with iran, we are clearly focused on working through economic measures, sanctions, as well as diplomatic measures to isolate iran and we've had, we think, substantial success doing that. >> brian: really? are these measures enough and are we sending a strong enough message to this rogue nation? peter johnson, jr. is here with an analysis. here come the sanctions. look out! >> let's put it in perspective. sanctions go back centuries, but historically the united states, woodrow wilson, the league of nations, then followed on by the united nations, let's impose

economic sanctions against people that we think have political means and methods which we find to be distasteful. okay. have sanctions worked over time? no. sanctions did not work against saddam hussein in iraq. sanctions did not work against south africa on apartheid. sanctions did not work against the japanese before world war ii. there is a history of sanction failure. the problem with sanctions is we want to target the political elite, but don't want to alienate the people of iran. so if you were going to have a broad robust sanction, the sanction against iran would be a world wide embargo of iranian crude oil. >> brian: we'd love to do that, but we're not going to get the cooperation from the russian, chinese, and i don't even see any of our european friends jumping up saying, i'll hinder trade. let's just go over what is on the books already with sanctions. here we go. because iran is on the terrorism watch list, it's ineligible for

u.s. arms export. we knew that. we have a ban on foreign assistance, other than humanitarian aid. if you violate that, we arrest you. a ban on u.s. trade and investment in iran. oh, we can't get ahold of that fertile soil. frozen assets. that's been the case since '79. and banking, travel and shipping restrictions. that's benign. >> we've talked about the down side. but let's talk about how robust the program really is. in the department of treasury, there is something called the office of foreign assets control. and this is just the first page of 521 pages of people and companies and nations with whom commerce is blocked, meaning day by day, we amos a list by which americans cannot cooperate in any financial way with these persons. now, they added more people from the guard, from the quds force yesterday. >> brian: five more. >> added more. so we're saying, this is what we

can do at this point. what they also did was name an iranian airline as being part and parcel of the iran revolutionary guard and being complicit with terrorist. >> brian: so attention, travelers. if you're booked on tehran air, cancel now. >> here is where we are. we have an attempted act of war and now we've black listed some four or five people in iran. are they crying big time today about that. >> brian: no. >> probably not. sanctions appear to be the political solution. we have to decide what a greater political solution is going forward in spite of our excellent efforts to try. >> brian: right. peter johnson, jr., thanks so much. >> good to see you. >> gretchen: 13 minutes -- >> brian: 13 minutes before the top of the hour. he's known for being tough. but hulk hogan is bouncing back from divorce and about to tell us all about it. you have to hear how he got to the studio today.

first let's check in with martha mccallum. another woman in wonderful shape, who is a great wrestler. just lock her up one time. >> i asked you not to share that wrestling stuff with other people, brian. but that's okay. >> brian: it was in the prompter. i'm sorry. >> it's always in the prompter. thank you, brian. good morning, everybody. we've got a big show coming up today. so basically the white house in a conference call has anointed mitt romney the front runner that they're going after in this race. romney's folks are here to say how they plan to respond to what looks to be the main charge coming from the white house. don't tell that to herman cain. wait until you see where he is in this morning's brand-new poll numbers. bill and i join you at the top of the hour. we know a place where tossing and turning have given way to sleeping. where sleepless nights yield to restful sleep. and lunesta can help you get there, like it has for so many people before. when taking lunesta, don't drive or operate machinery

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>> brian: quick headlines.

kroger grocery stores issuing an urgent recall for ice cream that was accidentally shipped with peanuts. millions of americans have allergies to peanuts, including hulk hogan and the 16-ounce pints make no mention on the label they were sold in alabama, georgia, illinois, indiana, kentucky, michigan, missouri, ohio, south carolina, and tennessee. next time i'll name the states it wasn't sold in. and olive garden restaurants under fire for refuse to go allow a club to fly the american flag in its dining rooms. olive garden told the group it would distract other groups in the restaurant. the woman who runs the group says she felt like she got punched in the face. the restaurant apologized and said they respect the american flag, just not then, i guess. >> gretchen: okay. well, back in 2008, hulk hogan supported president obama, but now could he be having a change of heart? where does he stand now? the hulkster. i understand you had an interesting way of getting here this morning.

>> yeah. things get a little training. last night i was too tired, so i walked over here on my arms. i got here on time, barely, no make-up. threw me out here, dusted me off and here i am. >> gretchen: do you have a change of heart? >> i was a big obama supporter and kind of like believed everything he said he was going to do. now that nothing happened and he actually used my music to come out to his correspondence dinner for his real birth certificate, i was upset he didn't ask me permission to use it. but that's cool. the change of heart is, i should be president. know nothing about politics. i think a flat tax across the board will straighten everything out and at the end of the day, i'd make decisions on what's right or wrong. >> steve: the closest thing we got to a flat tax, sounds like herman cain's 9-9-9. >> wow. yeah. he's not a real american like i am. >> brian: what do you mean? >> what do i mean? i mean i've been around. people nomo. they know i'm for real. they know i know nothing about politics.

i make decisions on what's right or wrong. >> gretchen: maybe you know something about real estate. because you're trying to sell your house in florida. keep having to drop the place. >> it's the final straw, if i can sell the house, you know, that's the final part of the whole life. it's still for sale. you can buy it if you want. >> brian: about it. >> it's where we filmed our reality show. there has been about 12 1/2, $13 million sunk into building the house, fresh farmhouse, everything came from france. the roof is 400 years old. >> steve: in clearwater, florida. >> yes. we dropped the price of the house to something that's very, very low. >> steve: whoa! look at that. >> that's my gym. that would be a great party room or ballroom. >> steve: so it started at what price? >> originally it started at $25 million. many, many years ago when the economy was. >> steve: flying high. >> then we took it off the market. then once my wife divorced me, we sold the big home in miami, sold the beach house, sold the

house and now this is the last hurrah here. it's a beautiful home. >> brian: how much would you charge, let's say me, if i promise to do move in with gretchen? >> i'll let you move in for free. [ laughter ] i'll let you maintain the place. >> gretchen: my husband may buy you out to not let that happen. let's talk about your divorce because i know the last time you were here, you were still really reeling and in a lot of pain. and i want to check in with you to see where you are now? >> everything is great now. i met a beautiful lady, jennifer mcdaniel. we got married in december. and it's the total opposite of what i was involved in before. i'm breathing clean air, not dirty air. no craziness, no negativity, no yelling, screaming, no alcohol, no nothing. so it's kind of like how life should be. it's very positive. >> steve: we're happy you're happy. coming up this weekend, you got something called bound for glory on pay per view. >> yes, sir. this is our super bowl of wrestling. impact wrestling is a company i work with and actually run. our main event is current angle, the olympic gold medalist against an up and coming spot,

bobby root. the icing on the cake is myself and my disgruntled employee, stain. >> brian: he's angry at you. >> he's not happy with how i'm running things. so since i can't wrestle, i said, i'm tired of you undermining you, i'm tired of you crying to all the young guys, so sting will be stung. >> brian: the thing is, why don't you make it easy on yourself and take the police singer, sting, 'cause he's a lot easier. >> that might be a great idea. >> brian: i'm glad your back is okay. >> yeah. everything is fine. i'm just real excited about this weekend because i love that rush of getting in the ring. like i said, this is our big super bowl of wrestling. >> steve: speaking of back, you'll be back with us in two minutes. all right? >> i'll be back, jack! m >> brian: okay, thunder lips. advil® helps me do what i love. the job's tough, advil® is tougher. advil® never lets me down. [ male announcer ] take action. take advil®.

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